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  #1  
Old 01-08-2003, 10:48 AM
jmmbs
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Question

According to decree


What is the name of your state? Minnesota

Will you please explain to me exactly what Section 16 of my divorce decree meant regarding Income Tax Returns.
It states:
The parties shall file joint State and Federal Income Tax Returns for 2002. The parties shall be equally responsible for any tax liability and for any tax preparation fees associated with the filing of the joint Income Tax Returns. Any refunds shall be equally divided by the parties.

I don’t recall having this explained to me, and now I am concerned. Do I have to file with my ex-husband? Or can I legally file separately? We were separated the entire year of 2002, then divorced in August 2002. We did not ever share any income or expenses or anything whatsoever during 2002.

If legally I must file with him, could equally responsible for tax liability and refunds mean proportionate to our individual incomes for 2002, or do I have to base my income and taxes on his higher income and his taxes that will be due to the time he was paid unemployment? Please explain specifically what it means to me.
  #2  
Old 01-08-2003, 11:23 AM
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You will file a joint income tax return. "Married filing jointly" will be your status.

If there is any refund, you will split that in half.

If you owe to the IRS, you will split that in half as well, and each pay your half to the IRS.

"Equally responsible" means just that. You split it in half. If there is $1000 owed to the IRS, then you each pay half. If you recieve a refund of $1000, you each get half.
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Old 01-08-2003, 11:30 AM
jmmbs
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If I choose to file separately, what ramifications may I face?
He was very abusive and still is. I'm afraid of filing with him. I just want to break free. Please advise. Thanks
  #4  
Old 01-08-2003, 11:33 AM
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If you file seperately, then you could face contempt charges as the court specifically ordered you both to file a joint return. You would be in violation of a court order.
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  #5  
Old 01-08-2003, 12:02 PM
jmmbs
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One last question, I hope. What happens if you're in contempt of court?
  #6  
Old 01-08-2003, 01:12 PM
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You could be fined, you could be jailed, or you could be both.
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